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Misconceptions on Human Rights in Islam

Abdulrahman Al-Sheha

(View All Articles by: Abdulrahman Al-Sheha)

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Forward
Introduction

Islam and Basic Necessities

Peace and security
Decent food and sustenance for all
Basic education for all
Proper and adequate health facilities
Equality in Islam

Islam and Essential Needs

Preserve the Divine Religion

Physical Protection

The Preservation of Mind
The Preservation of Honor
The Preservation of Wealth
Preservation of Progeny

Lineage Preservation

1. The Rights towards Almighty Allah
2. The Rights towards Prophet Mohammed peace and blessings of Allah be upon him
3. Rights towards Other Prophets and Messengers
4. The Rights of Parents
5. The Rights of Husband towards His Wife
6. The Rights of Wife towards Her Husband
7. The Rights to Children
8. The Rights towards Relatives

A Word on Public Rights and Duties

1. The Rights of a Ruler towards the Public
2. Rights of the People towards the Government
3. Rights towards Neighbors
4. Rights to the Friends
5. The Rights to the Poor
6. Rights to the Labourers
7. Rights to the Employers
8. Rights towards Other Creatures
The Judicial System in Islam
Hosbah, Accountability System in Islam
Islamic Declaration on Human Rights

Misconceptions on Human Rights in Islam

Reply to the Misconception about Shari'ah
Reply to the Misconception about the Women's Rights
Reply to the Misconception about Hudud
Reply to the Misconception about Departing Islam
Reply to the Misconception about Marriage to a non-Muslim
Reply to the Misconception about Slavery
Conclusion

Forward
In the name of Allah, Most beneficent, most merciful.

All praise be to Allah, Lord of Honour and Glory, who has guided us to be Muslims and made us among the followers of his last Prophet (peace and blessings of Allah be upon him).

Dear Readers! Spending out time and energy in the way of Islam and for human rights is indeed very important. This great piece of work entitled ' Misconception on Human Rights in Islam' by our dear brother ABDUL RAHMAN AL-SHEHA is an excellent achievement. He has coverd a very important issue in depth and in accordance with the Qur'an and Sunnah.

The book covers the rights of Muslims in all aspects of life, and no doubt such guidelines are very important for us to understand the way of life, the ture way of Islam. By understanding the rights and needs of one another, we can respect each other more. This is very useful reading for all Muslims Ummah. May Allah bless his effort and reward him generously.

He has also written many other and useful and benefiting books, and articles. I take his opportunity to congratulate him and praise his efforts, and request all readers to recomend this book to their friends and relatives. ABDUL RAHMAN AL-SHEHA is a very hard working brother, may Allah give him the strength to continue his noble works.

I pray to Allah to guide us all to the Straight Path and save us from all evil.

 

SHOUIAB AHMED
General secretary
Markazi Jamiat Ahl-e-hadith UK
3rd July 2001


Introduction

All Praise is due to Allah. May the peace and blessings be upon His slave servant, Messenger, Muhammad (peace and blessings of Allah be upon him).

Every society has a set of rules and principles that guarantee and ensure its individuals the rights and security. This enables them to feel a sense of belonging, attachment, tranquility. Individuals need to have this feeling of belonging, peace and security in order to perform their tasks and duties in a satisfactory manner.

Presently, three distinct trends are discernable in our global society. The first trend exaggerates the right of the individual on the society. This trend gives the individual full freedom to do as he pleases. This, no doubt, leads to a chaotic social situation. Because of this unlimited freedom granted to the individual, the entire society suffers immensely. Crime rate increases. Materialistic impact overwhelms. This trend is found in the capitalist society.

The second trend is contrary to the above. It advocates the right of the society over individual. It assigns society superiority over general masses. The latter is stripped of all their individual rights. Only rights that serve the government are granted to the individuals of such society. This trend is known as communism.

The third trend neither emphasizes the right of the society over the individual, nor the right of the individual over the society. Each is rather given its due right in life. The individual members in a society enjoy their own rights, and the society has its own rights as well. Both rights are governed and controlled by strict rules and conditions. In this trend, the public interest is given priority over the interest of an individual in case of a conflict.

In this booklet, we shall address, in a general way, the human rights in the light of Islam. These rights are based on the Divine Book of Muslims, the Glorious Qur'⮠and from Sunnah practice of Allah's Messenger (peace and blessings of Allah be upon him), the two main sources of Islamic life and jurisprudence. Both the Glorious Qur'⮠and the Sunnah practices of Allah's Messenger (peace and blessings of Allah be upon him), aim to produce an ideal individual, in interactions with other individuals in his own society and any other society all over the globe.

We firmly believe that the application of the social rules and the principles of the third trend will definitely make the entire humanity happier. Furthermore, the application of these principles will enable the society to achieve optimum peace and security. These social rights and principles are not a result of previous experiences, social ideologies, temporary and immediate needs and/or political drives and motives.

The essential reason for our firm belief in such social rights and principles is the fact that these are set out by the Creator of man Who knows well what suites his creation at all times. The Almighty Allah knows best what benefits man, what harms man, what makes man happy, what saddens him, what makes man successful, what makes man miserable and so on and forth. He (peace and blessings of Allah be upon him) is the Best Knower. He knows what suits best and fulfills the entire needs of His creatures on earth and makes their lives successful, secure and joyful.

The Glorious Qur'⮬ which was revealed and sent down unto Muhammad (peace and blessings of Allah be upon him), some fourteen hundred years ago, contains a great deal of these essential social rules. Additionally, the Sunnah practices of Allah's Messenger (peace and blessings of Allah be upon him), the second source of Islamic law, contain a lot of guidelines for the same. These social rules and principles were set forth by Allah's Messenger (peace and blessings of Allah be upon him) some fourteen hundreds years ago in the best form and manner. Both, the Glorious Qur'⮠ and Sunnah practices of Allah's Messenger (peace and blessings of Allah be upon him) honored man and his individual rights in the society. On the other hand, both sources of Islamic law did not overlook the needs and rights of the society and the public interest. In fact, The Almighty Allah states in the Glorious Qur'⮠Sura Isra [Night Journey] 17:70 the meaning of which is translated as: ? Take alms from their wealth in order to purify them and sanctify them with it? (At-Taubah:103). According to Ibn Abbass, may Allah be pleased with him, ? We have honored the sons of Adam; provided them with transport on land and sea; given them for sustenance things good and pure; and conferred on them special favors, above a great part of Our Creation?.

Such honor to mankind entails offering him a set of rights that ensures his life's continuity, freedom and provision. Consequently, man is honoured and made him super being on earth. Yet, in order to execute the role of the super being on earth, there should be classes and categories of mankind in order to perform specific tasks by specific individuals. As such, the society will have better foundations and performance. This concept is illustrated by the Almighty Allah in the Glorious Qur'⮠Sura Anam [The Cattle] 7:165 the meaning of which is translated as:? It is He Who has made you (His) agents; inheritors of the earth. He has raised you in ranks, some above others that He may try you in the gifts He has given you. This is because Your Lord is quick in punishment. Yet, He is indeed Oft Forgiving, Most Merciful?.

In fact, we should point out here that the human rights according to Islam reflect continuous process that never ceases even after man's death. Man is entitled to be properly washed, or rather bathed gently, upon his death. Man is also entitled to be wrapped in one, or a set of three to five, white, new, clean shrouds[1] , then he is entitled to a funeral prayer to be offered as a farewell to his body and soul in this life. Furthermore, Islam forbids to tamper with a deceased cadaver, cutting an ear, a tongue, poking an eye, pulling a tooth, removing a nose, cutting off a leg, or the like. This is based on the Hadith of Allah's Messenger (peace and blessings of Allah be upon him),? Breaking a bone of a deceased is identical in sin to breaking a living person's bone?[2].

Furthermore, after death, a deceased is further honored with the following rights: the grave of a Muslim deceased must not be dug up for no significant and honorable reason, no body is allowed to sit on top of the grave of a Muslim deceased and no body has the right to walk over the grave of a Muslim deceased. This is also based on the Hadith and instruction of Allah's Messenger (peace and blessings of Allah be upon him):? It is far better for a person to sit on a burning charcoal that burns his clothes, then he feels the burn on his skin, than to sit down on a grave?[3].

Yet, a Muslim deceased is also entitled for protection against gossip and ill memories, even after his death. This is based on the following Hadith of Allah's Messenger (peace and blessings of Allah be upon him):? (only) mention the good things of your deceased and shun away from mentioning any defaming items (they were known with while alive? [4].

In fact, there are more rights for a Muslim deceased as follows: the deceased is entitled for the prayers, supplications and charity donated on his behalf after death. A Muslim deceased is also entitled for the full execution of his will and whatever he promised or pledged to do while alive, but could not fulfil it due to abrupt death. This is based on the Hadith of Allah's Messenger (peace and blessings of Allah be upon him):? A man asked Allah's Messenger (peace and blessings of Allah be upon him):Oh Prophet of Allah! My parents died. Is there anything I can do to please them and be good to them, even after their death? Allah's Messenger r replied immediately,Yes. Pray for their souls. Honor their friends and be generous to them. Remain in touch and on good terms with their kin and kith, and fulfil their pledge of allegiance (which they committed themselves to do while they were alive)?.

Yes, we can notice that some international human organizations, nowadays, call to principles similar to what we stated above. However, Islam established these human rights some fourteen centuries ago. Conversely, the rights enumerated by modern international organizations are characterized with deficiencies and flaws. Such rights are enumerated established not for the interests of the human beings in the first place, but rather to the benefit of such organizations. This case becomes evident as we see many human rights all over the world are being violated, yet, there is no organization that gets up to defend such abused human rights. The poor are not supported. The weak are neglected.

Humanitarian organizations do not come to the aid of the oppressed persons because by helping them, their interests are not served. Surely, if such organizations wanted to help, they can do it. However, since their interests are not served by providing such help to the oppressed ones, they would not interfere to protect the interests of the oppressed. Such organizations, in such cases, raise a slogan of "Don't interfere in internal affairs of other countries or people." Islam, on the other side, calls for the protection, defense and the support of the oppressed ones, by sacrificing the personal interests. Islam urges to remove any oppression of the oppressed ones, if one is capable to do so, provided no personal injury is occurred to the remover of oppression or others, and provided as well, that the rules and regulations of a Muslim governor or government are not trespassed. The Almighty Allah states in the Glorious Qur'⮠Sura Nisa [Women] 4:75 the meaning of which is translated as:? And why should you not fight in the cause of Allah and of those who, being weak, are ill-treated (and oppressed)? Men, women, and children, whose cry is: Our Lord! Rescue us from this town, whose people are oppressors; and raise for us from you one who will protect; and raise for us from you one who will help!?.

It is important to point here that the implementation of the human rights in the Islamic countries is inextricably linked with the commitment to implement the Islamic teachings and principles. Some Islamic countries turn their back completely to Islam, while other only take what serves their own purposes and interests. Still, there are some other Islamic countries who just pretend that they are implementing the Islamic teachings and principles but, in reality, they are trying to destroy or distort Islam from within. Therefore, we would like to point out here that an objective person, who would like to study Islam, should do so by studying it on its own merits as a fully developed system. The behavior and courses of actions of certain individuals, groups, people, countries or governments must not influence such a person. As we pointed out earlier, the implementation of Islamic principles and Islamic law vary according to the commitment to Islam in the first place. If the system is good, and we noticed some shortcomings and faults in the application. Accordingly, we must examine the application itself and not the system. For example, if we come across a person who claims to act as a good Muslim, but as we examine his behavior, attitudes and personality, we notice totally something else, then we should question it. If we notice lying, cheating, breaching of contracts and deception in the attitude of such a person we must not accuse the system itself, i.e., Islam, with deficiencies, but rather the person himself. We should, thoroughly, examine what the system itself and consider its byproducts. A simple example may be given here, if a person needs bread he would go to the bakery, or at least to a place where bread may be sold such as a grocery shop or a supermarket. If a person in need of bread goes to a butcher or a fruit shop he would not be able to find bread there. There is a general statement in the Glorious Qur'⮠explaining such a case. The Almighty Allah states in the Glorious Qur'⮠Sura Anam [The Cattle] 6:116 the meaning of which is translated as:? If you to follow the common run of those on earth, they will lead you away from the Way of Allah. They follow nothing but conjecture: they do nothing but lie?.

Regretfully, we observe that many Muslims all over the world nowadays, are not true representatives of Islam. Many Muslims commit a lot of mistakes and have many deficiencies as well. This is very unfortunate situation, but it is true. The reason for presenting such a statement in this introduction is simply to warn out in advance any and inform all those who would like to accept Islam as a way of life. They should not be influenced or deceived by the attitudes and vices of such Muslims.

We hope such interested individuals would not be despaired. On the other hand, we mean to urge and encourage Muslims to maintain the best of practice and the application of their faith in every aspect of life. Moreover, we call non-Muslims to examine Islam, try to understand its principles, and try to live by its standards.

I was once informed of a new American Muslim, who accepted Islam recently, came to an Islamic country. He was shocked to observe the situation of Muslims in the Islamic society. He noticed how distant they were from the beautiful and ideal Islamic teachings and principles. He said, 'I thank the Almighty Allah for enabling me to accept Islam as a way of life prior to coming to this country. Have I come to this country before I accepted Islam, I would have never thought of joining Islam'.

This new Muslim made this assertion because of what he saw of the malpractice of Muslims. This is indeed a very unfortunate situation.
 


Islam and Basic Necessities

Islam is extremely keen to establish an ideally good society. Islam does this by providing the essential items and necessities that ensure and guarantee for individuals in the society their full rights. If the society members enjoy peace, tranquility, freedom and availability of basic requirements, they will become better citizens. Members of the society must feel that way in order to practice a peaceful, happy, prosperous, productive and meaningful life. Individuals of such a society will be able to enjoy their legal rights.

Listen to the statement of Allah's Messenger (peace and blessings of Allah be upon him):? Whosoever wakes up (in the morning) feeling that he is secure in his community, free from ailments and diseases in his body and has enough provision (food stuff and supply) for a single day, (such an individual) would be as if he owns the entire world?[5].

Islam, therefore, seeks to formulate and establish a society that provides the following.


Peace and security

Islam offers self security, family security and protection. Members of the Muslim society at large must not be frightened, or threatened by words, threats or weapons of all types. This is based on the Hadith of Allah's Messenger (peace and blessings of Allah be upon him):? Whosoever frightens a Believer (in this life) it will become incumbent on the Almighty Allah to make such a person insecure (and frightened) on the Day of Judgement?[6].

Self security enables individuals of a society to have freedom of mobility and movement in order to work and earn an honest income. Corpal and capital punishment have been laid down and sentenced in order to impose strict penalty on individuals who attempt to cause disruption to the peace, security and stability of a Muslim society. One of these strict penalties for criminals according to Islamic law is the penalty for peace, security disruption and frightening innocent people in a society. Allah's Messenger (peace and blessings of Allah be upon him) stated in his farewell speech:? Truly, your blood, your protected items in life, and your wealth are unlawful to one another. They are unlawful to tamper with like it is unlawful to tamper with this (honorable and sacred) Day (the Day of Arafah during Hajj), in this Sacred Month (the month of pilgrimage "Thul-Hejjah"), and in this Sacred Town (the city of Makkah)?[7].


Decent food and sustenance for all

Food and decent sustenance are secured for people in an Islamic society by availing decent and suitable work opportunities for the work force in the society. Availability of job opportunities are rather crucial for people in order to satisfy their basic needs. As for the individuals who can no longer work due to old age, inability to work, chronic disease or the lack of bread-earner in the family, such individuals become entitled for public aid from the Islamic government. Zakah, poor due, will become eligible to such types of people who cannot earn a decent income because of legitimate reasons. Zakah, poor due, represent a full mechanism of social integration among the various individuals of the Islamic society. Zakah, poor due, is an obligatory charity that is taken from the rich and given properly to the poor members of the Islamic society. This is based on the Hadith of Allah's Messenger (peace and blessings of Allah be upon him) in an advice to his Companion Muaath bin Jabal while sending him in a Dawah, call to Islam mission to Yemen saying:? Tell the people of Yemen that the Almighty Allah has prescribed a certain percentage of their wealth as Zakah, poor due. Such Zakah will be taken from the rich members of the Islamic society and given to the poor and needy ones?[8].

Additionally, other voluntary donations, gifts, financial commitments and the like are given in a good cause to please the Almighty Allah, and extended willingly to the poor and needy members of the Islamic society. This is also based on the Hadith of Allah's Messenger (peace and blessings of Allah be upon him):? Any group of people who reside in a specific Islamic community who do not care for a hungry person among them shall not be considered by Allah and His Prophet r as committed Muslims?[9].

Such poor and needy people are also entitled to a fair right and share of the Islamic Treasury. This is also based on the Hadith of Allah's Messenger (peace and blessings of Allah be upon him):? Whosoever leaves behind a legacy (wealth and estates) will become entitled to his heirs. As for the person who leaves behind poor and needy members of his family, Allah (subhanahu wa ta'ala) and His Messenger (peace and blessings of Allah be upon him) will take care of them?[10].


Basic education for all

The Almighty Allah states in the Glorious Qur'⮠Sura Zumar [The Groups] 39:9 the meaning of which is translated as:? Say: Are those equal, those who know and those who do not know? It is those who are endued with understanding that receive admonition?.

In addition, Allah (subhanahu wa ta'ala) says in another verse of Sura Mojadelah [The Arguing One] 59:11 the meaning of which is translated as:? Allah provide for you. And when you are told to rise up, (then) rise: Allah will raise up, to (suitable) ranks (and degrees), those of you who believe and who have been granted Knowledge. And Allah is well acquainted with all you do?.

Education in the Islamic society is not a mere right for its individuals. It is rather a required duty from every capable person. All capable, intelligent and skilled individuals in the Islamic society are required to educate themselves religiously and in worldly affairs. In fact, an Islamic government is required and demanded to prepare and provide, when possible, all means that help individuals in the Islamic society to earn a better education. This concept is based on the Hadith of Allah's Messenger (peace and blessings of Allah be upon him):? Seeking knowledge (better education) is a obligatory on every Muslim (male and female)?[11].

Furthermore, Islam considers seeking a better education as a type of Islamic strife, or Jihad that the Almighty Allah rewards. Allah's Messenger (peace and blessings of Allah be upon him) stated:? He who travels to seek any (beneficial) knowledge is considered as a person who is struggling in Jihad for the cause of Allah (subhanahu wa ta'ala) until he returns (home)?[12].

Also, Allah's Messenger (peace and blessings of Allah be upon him) is reported to have said:? Whosoever takes a path seeking knowledge (or better beneficial education) Allah (subhanahu wa ta'ala) will pave a path for such individual to Jannah, Paradise?[13].

In fact, Islam considers it unlawful to withhold any useful knowledge that one possesses but does not share with others to benefit them. Allah's Messenger (peace and blessings of Allah be upon him) says:? Whosoever withholds the dissemination of (a beneficial) knowledge (to others who may need or benefit from it) will be tortured with a harness of fire on the Day of Judgement?[14].

Furthermore, Islam imposes a penalty, or rather a warning of a penalty, to those who ban, do not seek or do not take part in the educational process in the Islamic society. Allah's Messenger (peace and blessings of Allah be upon him) says:? (unlearned) people should seek education from their neighbors. Knowledgeable (educated) people must teach their neighbors, or else, a (severe) penalty shall be imposed onto them?[15].


Proper and adequate health facilities

On the one hand, Islam bans all such reasons that may cause detrimental effect to public health. Islam bans all types of harmful drugs and intoxicants. Islam bans eating expired animals meats, swan, pig and all their byproducts. Islam bans all immoral acts such as fornication, adultery, lesbian and homosexual activities. Islam imposes quarantine for both, incoming and outgoing traffic, in order to make sure that no epidemic or harmful diseases are spread in a community causing health hazards. Allah's Messenger (peace and blessings of Allah be upon him) says,? If you hear about an epidemic in a certain country, then do not enter it (travel to it). If you also hear of a spread of an epidemic disease in town that you live in, then do not leave such towns either?[16].

Furthermore, Allah's Messenger (peace and blessings of Allah be upon him) says,? A sick person must not be brought to visit a recovering person?[17].

[5] Tirmithee, Hadith No. 2346.
[6] Tabaranee, Targheeb abd Tarheeb.
[7] Sahih Bukahri, Hadith No. 6043.
[8] See: Muslim, Hadith No. 29.
[9] Mosnad Ahmad.
[10] Sahih Bukahri Hadith No.2268 & 2269.
[11] Ibn Majah, Hadith No.337.
[12] See Tirmithee, Hadith No. 2785.
[13] Abu Dawoud, Hadith 3:317 and Tirmithee, Hadith No.2785.
[14] Darimee, Hadith No.3658.
[15] See: Tabarani, al-Mu'jam al-kabeer [Grand Collection of Hadith].
[16] Mosnad Ahmad Hadith No.15435.
[17] Bukahri Hadith No.5437 and Muslim Hadith No.104.


Equality in Islam

Islam removes all the impositions of barriers and classes among the members of the Islamic society in order to enable them to enjoy and practice their legitimate rights. No discrimination of any type is allowed in Islam. Lineage, color, region or language must not give individuals any special class or status in the Islamic society. This is done essentially to avoid difference between the privileged or under-privileged on account of his color, race, social class, nationality or any other means of discriminations. This is based on the verse of the Glorious Qur'⮠Sura Nisa [Women] 4:1 the meaning of which is translated as:? Oh mankind! Reverence your Guardian-Lord, Who created you from a single Person, created, of like nature, his mate, and from them twain scattered (like seeds) countless men and women; fear Allah, through Whom you demand your mutual (rights), and (reverence) the wombs (that bore you): for Allah ever watches over you?.

It is also based on the statement of Allah's Messenger (peace and blessings of Allah be upon him), ? Oh Mankind! Your Lord is One. Your (grand) father is one. All of you belong to Adam (peace and blessings of Allah be upon him). Adam is created of soil (earth dirt). Truly, the most honorable person in the Sight of Your Lord, the Almighty Allah, is the most pious among you. There is no superiority for an Arab over a non-Arab. There is no superiority for a non-Arab over an Arab. There is no superiority for a red (race) person over a white person. Likewise, there is no superiority of a white over a red (race) person except for the level of piety (mindfulness of God, the Almighty Allah in life and practices)?[18].

  • The basis of humanity with all its races, according to Islam, is one source without any distinction. Islam does not tolerate any false pride in lineage, social status and belonging and the like. Allah's Messenger (peace and blessings of Allah be upon him) says,? The Almighty Allah has removed the false pride taking, which was practiced in the pre-Islamic period, where individuals took false pride with their ancestors (forefathers). All mankind belongs (in lineage) to Adam u. Adam is created of soil (earth dirt)?[19].

     
  • Furthermore, Islam bans all types of discriminations, as pointed earlier. No racial discrimination is allowed or tolerated according to Islam. Previously, Jews and Christians considered themselves of a higher breed, race or class of people. Based on this the Almighty Allah exposed the truth of Jews and Christians as stated in the Glorious Qur'⮠Sura Maiedah [The Table] 5:18 the meaning of which is translated as:? (Both) the Jews and the Christians say:We are sons of Allah, and His beloved. Say:Why then does He punish you for your sins? Nay, you are but men, of the men He has created: He forgives whom He pleases, and He punishes whom He pleases: and to Allah belongs the dominion of the heavens and the earth, and all that is between: and unto Him is the final goal (of all)?.

    It is also reported that one of the Companions of Allah's Messenger (peace and blessings of Allah be upon him) namely Abu Tharr (may Allah be pleased with him) once said to black slave who served him, calling him as follows:Oh the son of the black lady. Upon hearing this call, Allah's Messenger (peace and blessings of Allah be upon him) turned to Abu Tharr (may Allah be pleased with him) and said to him immediately:? Are you insulting this man with his own (black) mother? Truly, you still possess some of the qualities of the pre-Islamic era. It is over. It is over. There is no virtue or merits for the son of the white woman over the black woman except for piety and righteousness or good deeds and actions?[20].

    Abu Tharr (may Allah be pleased with him) upon hearing the comment of the Prophet (peace and blessings of Allah be upon him) put his head down on the ground for his slave servant to come and step with his black foot on his head although the Prophet r did not command him to do so. Abu Tharr (may Allah be pleased with him) felt very bad and regretted what he did and that was the reason that urged him to lay his head on the ground for his black slave servant to step on it in retaliation and revenge for what he, the master, attacked his servant with. Moreover, Abu Tharr (may Allah be pleased with him) wanted to discipline himself in a hard and humiliating way so as he would never repeat such a sin in the future.

     
  • Similarly, all people are alike and equal in terms of the various acts of worship. The rich, the poor, the leader, the peasant, the white, the black, the dignified, the humiliated are all alike and equal before Allah in terms of all acts of worship in Islam. All commands, and all prohibitory items, are applicable to all without any distinction because of class, social status or race. The Almighty Allah states in the Glorious Qur'⮠Sura Fussilat 41:46 the meaning of which is translated as:? Whoever works righteousness benefits his own soul; whoever works evil, it is against his own soul: nor is Your Lord ever unjust (in the least) to His Servants?.

    The differentiation between individuals in the Sight of Allah subhanahu wa ta'ala is based on their levels of piety, righteousness, compliance of the Commands of Allah subhanahu wa ta'ala. The Almighty Allah states in the Glorious Qur'⮠Sura Hujurat [The Chambers] 49:13 the meaning of which is translated as:? Oh mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that you may know each other (not that you may despise each other). Verily the most honored of you in the Sight of Allah is (he who is) the most righteous of you. In addition, Allah has full Knowledge and is well acquainted (with all things)?.

     
  • All individuals are equal in Islamic code of law. Penalties, judgements and legal sentences are applicable to all classes of people without any distinction. There are no particular forms of penalties or sentences for a certain class of people. All people are equal within the jurisdiction of Islamic law. No individual or class of people has immunity over and above the Islamic laws. Aeshah (may Allah be pleased with him) reported that the Korishites were too concerned when a Makhzoomi woman stole and Allah's Messenger (peace and blessings of Allah be upon him) wanted to apply the Corpal punishment in her case, amputating her hand. The Korishites consulted among themselves and said, 'The best person to talk about the Makhzoomi woman thief to the Prophet (peace and blessings of Allah be upon him) is his most beloved Companion (and the son of his most beloved companion) Osamah bin Zaid (may Allah be pleased with him)'. Thus, Osamah (may Allah be pleased with him) spoke to the Prophet (peace and blessings of Allah be upon him) concerning the Makhzomi, woman. Upon listening to Osamah (may Allah be pleased with him), Allah's Messenger (peace and blessings of Allah be upon him) said,'Oh Osamah! Are you coming to intercede concerning a Corpal Punishment set by Allah subhanahu wa ta'ala? (How dare you do this?)'. Allah's Messenger (peace and blessings of Allah be upon him) stood up, as soon as he (peace and blessings of Allah be upon him) finished his conversation with Osamah and delivered a speech saying,? The people (or nations) before you were destroyed due to the fact that when a noble person among them would steal, they let him go unpunished, but if a poor, weak and gullible person among them steals they will apply the Corpal punishment to him. By Allah! If Fatimah (may Allah be pleased with him); the daughter of Muhammad (peace and blessings of Allah be upon him) stole (the value where she will be subject to Corpal punishment) I shall cut her hand?[21].

     
  • All members of the nation have the right to benefit from the national resources. Also, all are equal in this right. This means that individuals have an equal right to receive a fair share of the national Islamic wealth. However, they will not be equal in terms of work they present. The first Caliph; Abu Bakr (may Allah be pleased with him) distributes the gifts among the Muslims equally. A group of people differed with him in opinion on this distribution and argued, 'Oh Caliph of the Prophet (peace and blessings of Allah be upon him)! We notice that you have distributed the gifts in equal shares among people. However, certain individuals have certain virtues and priorities. We wish that you had given a special gift to such individuals'. Abu Bakr (may Allah be pleased with him) replied:? How can I tell the specific virtues and privileges of the individuals you mentioned? What I give is merely a living allowance. Offering an equal living allowance to people is better than favoring certain individuals. As for those who presented extra work for Islam their rewards are preserved with Allah (subhanahu wa ta'ala) As for this worldly wealth, it is here for the good pious person and the evil ones. This wealth is not remuneration for the works they presented? [22].

    Each member of the Islamic society has a right to the national wealth and buried land resources, such as oil, gold, silver, diamond and other precious metals. Islamic government must exert every effort to secure job opportunities for its constituents and organize the utilization of such national resources. None has the right to monopolize, abuse or act for his personal interest on national resources. The Almighty Allah states in the Glorious Qur'⮠Sura Mulk [The Kingship] 67:15 the meaning of which is translated as:? It is He Who has made the earth manageable for you, so traverse you through its tracts and enjoy of the Sustenance which He furnishes: but unto Him is the Resurrection?.

     
  • Islam declares all people equal in terms of human values. The only distinction between people is on the basis of service that the individual presents to his society and community. Moreover, Islam looks at the religious, social or worldly services that individuals offer to their society and community. Islam, for instance, does not look at a hardworking individual and a sluggish on equal footing in terms of pay and financial rewards. Islam, also, does not treat the good and evil individuals equally in terms of rewards and punishments. The Almighty Allah states in the Glorious Qur'⮠Sura Anam [Cattle] 6:132 the meaning of which is translated as:? To all are degrees (or ranks) according to their deeds: for Your Lord is not unmindful of anything that they do?.

Essential Needs

We should realize that Islam came to complete the previous Divine religions and faith on earth. In fact, the Prophet (peace and blessings of Allah be upon him); Muhammad bin Abdallah, completed the missions of the previous prophets. Allah's Messenger (peace and blessings of Allah be upon him) says:? My example, and the example of the Prophets, who preceded me, is like that of a person who built a beautiful house. The house was perfect, magnificent and great except for a place of a single brick (in one corner). People, who visited (or saw) that house admired it but always wondered, Why did not the owner complete that missing single brick?' I am that (missing) brick. I am the final Prophet (for mankind on the earth)?[23].

Islam diligently acts to provide the basic needs of man on earth like the previous Divine religions. Islam works hard to secure the following items for its society members.


Preserve the Divine Religion

Let's read together the following verse of the Glorious Qur'⮠from Sura Baqara [The Cow] 2:190 the meaning of which is translated as:? Fight in the cause of Allah those who fight you, but do not transgress limits; for Allah loves not transgressors?.

Allah (subhanahu wa ta'ala) made Jihad, struggle for His cause a rewardable act that Muslims believe in and practice. In fact, Jihad is looked upon as the "hump" of the camel, the highest most important tip on the body of the camel, and it should be so for a Muslim. Struggle for the sole cause of Allah (subhanahu wa ta'ala) must be cherished by the sincere Believing Muslims in this life. It should be treated very awesomely and taken very seriously with a matured understanding for its objectives. Jihad is not an innovation in Islam. In fact, Jihad is an acceptable, well-established, and known practice in the previous Faiths and nations as well. Jihad was established earlier, Allah (subhanahu wa ta'ala) knows best, because of the fact that mentalities of people are conflictual all over the earth. Moreover, good and evil always co-exist in societies all over the world throughout the history. Therefore, Jihad was founded and defined in order to stop tyranny and remove tyrant rulers who deviate from Allah's Path and code of life that He laid down for man to follow. Jihad is laid down also, Allah (subhanahu wa ta'ala) knows best, in order to stop and ban people from worshipping other people and false deities and introduces them to the reality of the worship of Allah (subhanahu wa ta'ala) alone, Who has no son, partners or associates. Jihad is also laid down for man on earth to remove all injustices done and committed by man and introduce man to the mercy, justice and full peace and tranquility of Islam as a way of life. Moreover, Jihad is laid down, in principle, to protect the Call to Islam and help spreading it all over the world. It is for the interest of man on earth and not for the interest of Arabs or Muslims as Islam has no geographic borders. The final word underlying Jihad is for the people to either accept or reject Islam as a way of life. Islam has an international message for the entire humanity. Islam has the most comprehensive code of morals and ethics for every walk of life. Islam laid down the principles of justice, fairness, equality, freedom, prosperity, success and truthfulness for man on earth. Jihad is laid down, on the other hand, not to force people against their own will to join Islam, but rather it is a tool and mechanism to help spread the religion of monotheism, justice and equality to the entire world. After the various peoples receive the message, it is up to them to accept Islam as a way of life, or choose otherwise. In any event, the essential purpose of Jihad is to carry the Message of Islam to people and introduce it to them. The Almighty Allah states in the Glorious Qur'⮠Sura Baqarah [The Cow] 2:256 the meaning of which is translated as:? Let there be no compulsion in religion: Truth stands out clear from Error: whoever rejects Evil and believes in Allah has grasped the most trustworthy hand-hold, that never breaks. And, Allah hears and knows all things?.

The directive principle cementing intra-relationships between government and people is based on peace. Yet, Allah (subhanahu wa ta'ala) laid down the foundations of Jihad in Islam for special reasons and purposes. There is a main difference between the term "Jihad" and "War". Jihad, as interpreted and understood in Islam, is not a "Holy War" as described in the Western media, but rather it is an honorable "Fight" against the enemies of Allah (subhanahu wa ta'ala) who reject His Word and faith in Him and His religion of Islam. "War" on the other hand, is a drive for personal interests and ownership of lands, natural resources, and political or economic reasons. Islam ordered for Jihad in the three situations as follows:

  1. Defense of Life, Property and National Boundaries
    This concept is based on the verse of the Glorious Qur'⮠Sura Baqarah [The Cow] 2:190 the meaning of which is translated as:? Fight in the cause of Allah those who fight you, but do not transgress limits; for Allah loves not transgressors?.

     
  2. Removing oppression and preserving the just rights of the oppressed people
    This concept is based on the verse of the Glorious Qur'⮠Sura Nisa [The Women] 4:75 the meaning of which is translated as:? And why should you not fight in the cause of Allah and of those who, being weak, are ill-treated people (and oppressed)? Men, women, and children, whose cry is:Our Lord! Rescue us from this town, whose people are oppressors; and raise for us from You, one who will protect; and raise for us from You one who will help!?.

     
  3. Defense of Faith and Religion
    A fighter must purify his intention to please Allah (subhanahu wa ta'ala) alone and with sound understanding that he is not participating in this Jihad for any unfair reasons. The fighters must realize that they are taking part in such a Jihad in order to spread the Word of Allah (subhanahu wa ta'ala). This concept is based on the verse of the Glorious Qur'⮠Sura Anfal [War Booties] 8:39 the meaning of which is translated as:? And fight them on until there is no more tumult or oppression, and there prevails justice and faith in Allah altogether and everywhere; but if they cease, verily Allah does see all that they do?.

Moreover, if the enemies of Islam cease their fire and resort to stop the war accepting to make peace with the Islamic Jihad government, the Muslim fighters must, as well, cease their fires and stop all Jihad activities. In fact, it becomes unlawful for Muslims to continue to fight in Jihad against the troops of the other side if the confronted party cease their fire and ask for peace. This concept is based on the verse of the Glorious Qur'⮠Sura Nisa [The Women] 4:90 the meaning of which is translated as:? Therefore if they withdraw from you but fight you not, and (instead) send you (guarantees of) peace, then Allah has left no way for you (to war against them)?.

Furthermore, all other types of wars that aims at land expansion, colonial interests and revenge wars that result with a wide, or full destruction, are totally prohibited according to Islam. Yet, although Islam permitted fighting against enemies for necessary reasons, but it has laid articulate rules of conduct in waging wars against enemies of Islam. Islam does not allow fighters to kill haphazardly any body. Islam permits to kill only fighting staff and supporting forces, on the other side. Islam does not permit, accept or condone to kill elderly people, children, women, sick people, medically under treatment and medical staff worriers and monks who have secluded themselves for worship of Allah (subhanahu wa ta'ala) in their own ways and principles. Islam prohibits killing a wounded man in a battle. Islam also forbids mutilating the bodies and organs of the deceased enemy fighters. Islam also forbids to kill the cattle or any type of animals of the enemies, destroy the houses of the people, pollute the potable waters, rivers, lakes, springs and wells of water of the fighting enemies. Islam prohibits killing a wounded fighter of the enemies in the battlefield. Islam prohibits chasing people who flee the battlefield. This concept is based on the verse of the Glorious Qur'⮠Sura Qasas [The Stories] 28:77 the meaning of which is translated as:? But seek, with the (wealth) which Allah has bestowed on you, the Home of the Hereafter, nor forget your portion in this World: but do you good, as Allah has been good to you, and seek not (occasions for) mischief in the land: for Allah loves not those who do mischief?.

It is also based on the statement of Allah's Messenger (peace and blessings of Allah be upon him):? Invade (in fight for the) Cause of Allah and in His Name against those who declare their unbelief in Allah. Invade (fight) but do not breach your contracts or truces, do not mutilate and do not kill a newly born baby? [24].

This is also in compliance to the directions and the recommendation of the first Caliph, Abu Bakr (may Allah be pleased with him) to his military leaders upon commissioning them for Jihad. He (may Allah be pleased with him) said.

Listen and obey the following ten commands and instructions: Do not betray any one (if you give a pledge). Do not ever steal from the war booties. Do not breach your pledge of allegiance. Do not mutilate the body of the killed enemy fighters or deceased. Do not kill a child or a minor. Do not kill an elderly man or woman. Do not kill a woman. Do not pull out a date palm tree (or any other trees) and do not burn it either. Do not cut or destroy a fruit tree. Do not slaughter a female sheep, a cow or a camel except for your (required) food. You surely will pass by some people who isolate themselves and are secluded for worship of Allah (subhanahu wa ta'ala) as monks and else, thus leave them alone and do not disturb them ever. You will, surely, stop at some people on the road, who will bring forth for you all types of food dishes. Whenever you eat their food utter the name of Allah (subhanahu wa ta'ala) each time you eat. You will, surely, pass by a group of people who shaved the hair in the center of their heads, and left the surrounding hair long braids. Go ahead, kill these people as they are the fighters and worriers who carry their swords against you, of the enemies. Go ahead, with the name of Allah (subhanahu wa ta'ala).

Similarly, the POW, prisoners of war, in an Islamic Jihad are not to be tortured, humiliated, mutilated or imprisoned in tight prison cells without food and drink until death. This is based on the verse of the Glorious Qur'⮠Sura Insan-Dahr [The Human Being] 76:8 the meaning of which is translated as:? And, they feed, for the love of Allah, the indigent, the orphan, and the captive. 9- (Saying), We feed you for the sake of Allah alone: no reward do we desire from you, or thanks?.

The Islamic government has the right either to set free such POW as a result of Islamic Jihad, with no ransom at all, or else, set them free for a ransom or exchange them for Muslim POW with their enemies. This is based on the verse of the Glorious Qur'⮠Muhammad 47:4 the meaning of which is translated as:? Therefore, when you meet the Unbelievers (in fight), smite at their necks; at length, when you have thoroughly subdued them, bind a bond firmly (on them): thereafter (is the time for) either generosity or ransom: until the war lays down its burdens. Thus (are you commanded): but if it had been Allah's Will, He could certainly have exacted retribution from them (Himself); but (He lets you fight) in order to test you, some with others. But those who are slain in the way of Allah, He will never let their deeds be lost?.

As for the conquered people, the non-Muslim residents of an Islamic state, their family, possessions and estate must be protected. No one has a right to seize the possession or the wealth of the non-Muslim residents. No one has the right to humiliate them or encroach up their honor. No one has the right to attack them for a revenge of any sort. On the contrary, non-Muslim residents in an Islamic state must be well treated, justly dealt with and equally respected. The belief and religious practices of the non-Muslim residents in an Islamic state must as well be respected. All this is based on the verse of the Glorious Qur'⮠Sura Hajj [Pilgrimage] 22:41 the meaning of which is translated as:? (They are) those who, if We establish them in the land, establish regular prayer and give regular charity, enjoin the right and forbid wrong: with Allah rests the end (and decision) of (all) affairs?.

The non-Muslim residents of an Islamic state are, however, required to pay a minimal tax called "head-tax" or Jizyah. Head-tax is collected from individuals who do not want to join Islam and desire to keep in their religion while living in an Islamic state and under Islamic rule. This head-tax has three types as follows:

  • The head-tax of the rich and wealthy class: Its total amount is an equivalent to the sum of (48) forty-eight Dirhams[25] a year.
     
  • The head-tax of the middle or average class, such as merchants, traders and farmer: Its total amount is an equivalent to the sum of (24) twenty-four Dirhams a year.
     
  • The head-tax of the working class, such as bakers, carpenters, plumbers and the like: Its total amount is an equivalent to the sum of (12) twelve Dirhams a year.
     

The head-tax is collected in return to the protection and the life guarantee of the non-Muslim residents of an Islamic State as well as the protection of this wealth, estate, possessions and the like. Furthermore, such people will enjoy all the rights, which Muslim conquerors will enjoy. This is declared by a Muslim leader and worrier, General Khalid bin al-Waleed (may Allah be pleased with him) who once pledged his allegiance to the non-Muslim residents of an Islamic state and said, 'I offer you my pledge of allegiance to fully protect you against the head-tax collected from you. If we provide the necessary protection, we are entitled for the head-tax. Otherwise, you are not required to pay it'[26].

Meanwhile, the head-tax is not applicable to every person who is non-Muslim resident of an Islamic state. For instance, the poor, the minor, the women, the monks, the blind people, the disabled individuals or the handicapped, all of these categories of people are not required to pay head-tax to the Islamic state. Moreover, Islam made it obligatory to the Islamic government to provide the full protection to these categories of people and offer them suitable living allowances. In fact, the pledge of allegiance given by General Khalid bin al-Waleed (may Allah be pleased with him) to the non-Muslim residents of the town called Heerah in Iraq, under the Islamic rule, stated the following, 'Any elderly person, disabled worker, terminally ill person or a rich person who went bankrupt and based on that, deserve charity from the fellow religious people, all of these categories of people are not required to pay head-tax. Furthermore, all these categories will become entitled for suitable allowances from the Islamic Treasury for himself and his supported family members'[27].

Furthermore, the second Caliph, Omar bin al-Khattab (may Allah be pleased with him), once passed by a an old Jew who was begging from people. Omar (may Allah be pleased with him) asked about this man and was informed that the man was a non-Muslim resident of the Islamic state. Omar (may Allah be pleased with him) immediately said, 'We have not been fair to you! We've collected head-tax from you while you were young and capable and neglected you at your old age!' Omar (may Allah be pleased with him) took the old Jew to his own home and offered him whatever he found of foodstuff and clothes. Later, Omar (may Allah be pleased with him) called the Treasury and instructed him saying, 'Follow up, monitor and observe the situations of similar people. Offer them sufficient assistance that suffices them and their family members from the Islamic Treasury. Allah (subhanahu wa ta'ala) stated in the Glorious Qur'⮠Sura Tawbah [The Repentance] 9:60 the meaning of which is translated as:? Alms are for the poor and the needy?. The poor are the Muslims and the needy are the non-Muslim residents of an Islamic state'[28].


Physical Protection

Human life is very important in Islam. The human being must be protected, preserved and given full dues. For this very reason, Islam dictated equal punishment and retaliation or retribution unto individuals who harm others infringing any harm on any person. Islam commands to kill a pre-determined and premeditating criminal who kills an innocent person or soul. However, un-intentional killing has a separate sentence. In such events, the family, or the heirs of the killed victim are given a Diyyah; blood money in substitution of the soul of the victim. On the other hand, atonement is paid in other cases. The atonement is to free a Muslim slave and if this is not available, then fast two consecutive months. All such penalties are imposed in order to preserve the Muslim soul. None has the right to tamper with people's lives, possession or estate for no legitimate reason. All oppressing or abusing individuals must be warned against unjust killing, victimizing or harassing other innocent members of the Islamic society. Furthermore, if an abuser, criminal or killer knows for sure that he will be killed in retaliation for his homicide, he has no permission to proceed and carry out his plan of homicide. If the retaliation is not the same kind of the crime itself, a criminal person will not care, or take heed of the crime he intends to do. Similarly, all other Corpal punishments have the same rationales. The punishment corresponds to type of the crime. That is what Islam sets out. All Corpal punishments are oriented to perpetuate the preservation of the human life and possessions in an Islamic society. The Almighty Allah states in the Glorious Qur'⮠Sura Baqara [The Cow] 2:179 the meaning of which is translated as:? In the law of Equality there is (saving of) Life to you, Oh you men of understanding; that you may restrain yourselves?.

Islam does not stop at this point by inflicting only the worldly penalty for an intentional killer. Such a criminal is yet to face further penalty in the Hereafter. The penalty of the Hereafter will be the Wrath of the Almighty Allah, which he will receive in addition to severe punishment and torment. The Almighty Allah states in the Glorious Qur'⮠Sura Nisa [Women] 4:9 the meaning of which is translated as:? If a man kills a Believer intentionally, his recompense is Hell, to abide therein (forever): and the Wrath and the Curse of Allah are upon him, and a dreadful penalty is prepared for him?.

In regard to human life, Islam has imposed certain specific duties on every one. The following are some of these duties:

  • Man does not possess his soul or his own body but rather it is entrusted to him on a temporary basis. Therefore, man is not entitled to torture it or cause any harms, purposely, to it. This life is only to be given in sacrifice for the cause of the Almighty Allah. Islam, therefore, bans any type of suicidal crime or anything leading to it. The Almighty Allah states in the Glorious Qur'⮠Sura Nisa [Women] 4:29 the meaning of which is translated as:? Oh you who believe! Eat not up your property among yourselves in vanities: but let there be among you traffic and trade by mutual good-will: nor kill (or destroy) yourselves: for verily Allah has been to you Most Merciful!?.

     
  • Man must maintain a proper nutrition care to satisfy and satisfy minimum requirements that is essential for a decent living. Man, therefore is not allowed to deprive himself of permissible food, drinks, clothing, marriage and proper care. The Almighty Allah states in the Glorious Qur'⮠ Sura Aaraf [The Heights] 7:32 the meaning of which is translated as:? Say: Who has forbidden the beautiful (gifts) of Allah, which He has produced for His servants, and the things, clean and pure, (which He has provided) for sustenance? Say, they are, in the life of this world, for those who believe, (and) purely for them on the Day of Judgment. Thus do We explain the Signs in detail for those who understand?.

     
  • In fact, the Almighty Allah denied the fact that the Prophet (peace and blessings of Allah be upon him)banning himself to eat any honey in order to please one of his wives. The Almighty Allah states in the Glorious Qur'⮠Sura Tahreem (Forbidding) 66:1 the meaning of which is translated as:? Oh Prophet! Why hold you to be forbidden that which Allah has made lawful to you? You seek to please your consorts but Allah is Oft-Forgiving, Most Merciful?.

However, it is expected that mankind would be neither stingy nor extravagant. Policy of moderation is commendable. Man may, and rather should, enjoy the lawful bounties offered by the Almighty Allah to man on earth, but as pointed out, in moderation. Man should be neither excessive nor niggard even in lawful items. Moderation is the best and most pleasing approach in this regard. Moderation must be done within the limits and framework of the Islamic laws and constraints. The Almighty Allah states in the Glorious Qur'⮠Sura Aaraf (The Heights) 7:31 the meaning of which is translated as:? Oh Children of Adam! Wear your beautiful apparel at every time and place of prayer: eat and drink: but waste not by excess, for Allah loves not the wasters?.

Islam forbids man to neglect his physical needs that are required for a decent life. Sadism is not tolerated, condoned, allowed or acceptable in Islam. Man is not allowed to torture his own body, even if this is done in any form of worship of the Almighty Allah. The Almighty Allah states in the Glorious Qur'⮠Sura Baqara [The Cow] 2:286 the meaning of which is translated as:? On no soul does Allah place a burden greater than it can bear. It gets every good that it earns, and it suffers every ill that it earns?.

It is further reported that Anas bin Malik (may Allah be pleased with him) said that, 'Three men came to the Prophet's (peace and blessings of Allah be upon him)house. They inquired about the manners and the amount of worship that Allah's Messenger (peace and blessings of Allah be upon him) does and maintains while in his own home. When these folks were informed about the reply, as if they belittled the amount of worship reported to them. These men said to each other, 'We are so little in comparison with the Prophet (peace and blessings of Allah be upon him). The Almighty Allah has forgiven and pardoned completely all the sins of the Prophet (peace and blessings of Allah be upon him) and wiped the previous and the future sins. Based on this, one of the three men declared, 'I shall not sleep any minute during the nights. I shall stand up and spend the entire night in prayers.' The second man declared, 'As for me, I shall never, from now on, (until I die) break a day of fast. I shall fast the rest of my entire life (in worship of Allah).' As for the third man, he declared, 'As for me, I shall never marry women during my entire life (consequently, he will not have any sexual activities at all and chaste himself in worship)'. Anas (may Allah be pleased with him) continued, 'Allah's Messenger (peace and blessings of Allah be upon him) came by and listened to what these people vowed to do. He r commented as follows, 'Are you the three people who said such and such?' They replied positively. Thus, Allah's Messenger (peace and blessings of Allah be upon him) said:? As far as I am concerned, I am the most God-fearing and mindful person among you. However, I offer (some) prayers during the night and I also sleep, I observe fast for some days, and break the fast on other days (of the eleven months outside the month of Ramadan) and I marry. Whosoever deviates from my Sunnah practices does not belong to me (in faith)?[29].

 


The Preservation of Mind

In terms of responsibility and the performance of a religious duty, human mind assumes pivotal accountability. Islam, therefore, bans all harmful substances, drugs, intoxicants and the like having negative impact on the mind. The word alcohol, in Arabic, is derived from preventing the brain from functioning properly. Alcohol is considered according to Islam the core of all vices. For it provides disastrous results to the users. Islam sets forth a whipping penalty to the person who uses alcoholic beverages. Consequently, if the brain is preserved in a sober and good functioning condition, then the health will be preserved, the wealth will be properly maintained and the protected items will be also looked after properly. All other destructive items may be also added under this class or category of alcoholism. The Almighty Allah states in the Glorious Qur'⮠Sura Maidah [The Table] 5:90, 91 the meaning of which is translated as:? Oh you who believe! Intoxicants and gambling, (dedication of) stones, and (divination by) arrows, are an abomination of Satan's handiwork: eschew such (abomination), that you may prosper.Satan's plan is (but) to excite enmity and hatred between you, with intoxicants and gambling, and hinder you from the remembrance of Allah and from prayer: will you not then abstain??.

In fact, Islam applies stringent rules in order to ban alcohol in the Islamic society once and for all. Islam forbids the manufacturing of any alcohol beverages, earning any income from the sale of alcohol. Moreover, Islam discourages to promote such alcoholic beverages at all in the Islamic society, even if the promoter or salesperson himself does not either drink it or use it. This prohibition is based on the Hadith of Allah's Messenger (peace and blessings of Allah be upon him):? alcohol is cursed, the drunkard of alcoholic beverages is also cursed, the bartender who offers people or serves people to drink alcoholic beverages is also cursed, the seller of the alcoholic beverages is also cursed, the purchaser of alcoholic beverages is also cursed, the squeezers of the grapes to make it into alcoholic beverages is also cursed, the courier (or the carrier) of the alcoholic beverages is also cursed, the person who requests others to carry alcoholic beverages to bring them to him is also cursed, and the person who benefits from the price collected on the sale of alcoholic beverages is also cursed?[30].


The Preservation of Honor

Islam prohibits all types of adultery and fornication. Yet, it has banned all activities that lead to commit such a heinous crime against self, others and the entire society. On this point, Islam concurs with previous divine religions. Islam, however, went further towards this direction. Islam banned any act that may lead to committing such a crime against the humanity. Islam banned unlawful look at a female, or a male that may attract a person from a different sex. Further, Islam bans a man and a woman who are not related to each other and can marry to be alone, or in seclusion from public. Likewise, Islam bans the lustful touches of the two opposite sexes. Furthermore, Islam bans the mingling of the two opposite sexes. This closes all the possible avenues of committing adultery or fornication of any type. This is based on the verse in the Glorious Qur'⮠Sura Isra [The Night Journey] 17:32 the meaning of which is translated as:? Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening the road (to other evils)?.

It is also based on another verse of the Glorious Qur'⮠Sura Anam [Cattle] 6:151 the meaning of which is translated as:? Say: Come, I will rehearse what Allah has (really) prohibited you from: join not anything as equal with Him; be good to your parents; kill not your children on a plea of want - We provide sustenance for you and for them - come not nigh to shameful deeds, whether open or secret; take not life, which Allah has made sacred, except by way of justice and law: thus does He command you, that you may learn wisdom?.

Therefore, Islam sets a Corpal punishment for a bachelor male or female who commits fornication. The Almighty Allah states in the Glorious Qur'⮠Sura Nur [The Light] 24:2 the meaning of which is translated as:? The woman and the man guilty of adultery or fornication flog each of them with a hundred stripes: let not compassion move you in their case, in a matter prescribed by Allah, if you believe in Allah and the Last Day: and let a party of the Believers witness their punishment?.

Allah's Messenger (peace and blessings of Allah be upon him) further expounded the graveness of the crime of adultery saying:? There is no greater sin (in the Sight of Allah (subhanahu wa ta'ala) and Islam) after the sin of associating others in the worship of Allah (subhanahu wa ta'ala). (that is more flagrant in the Sight of Allah (subhanahu wa ta'ala) ) than placing a semen in a private part of a woman who is not lawful for the man to place there?[31].

As for the married male or female who commits adultery, while being married, or after divorcing one's spouse, the penalty for such a criminal person is to stone to death. The criterion to apply this Corpal punishment, however, is to meet one of the following conditions:

  • 1. Confession:
    This means that both, male and female, confess their crime openly and publicly before the Muslim Judge or ruler. Punishment, in this case, is not executed immediately and from the first instant of being reported. The offenders are given the chance to review their confession and admission of sin. If they insist repeatedly, several times this Corpal punishment is executed.

     
  • 2.Testimony of the witnesses:
    It means the witnesses of four fair, trustworthy, honest and sound people who report seeing the adulterers in action. These witnesses must state the minute details of seeing and witnessing the detailed intercourse. Of course, such a scene is very rare to come by as most reasonable and normal people have their intercourse in full privacy and behind closed doors, or rather properly locked and secret places. Therefore, seeing a crime of adultery in action is almost impossible under normal conditions and circumstances. In fact, the history of Islam recorded two or three instances of confession on crimes of adultery. The individuals, who committed such a flagrant crime and openly confessed their crime was because of their clean conscious and strong faith in Allah (subhanahu wa ta'ala). They wished to be penalized in the world and be protected in the Hereafter. However, if the actual intercourse does not fully take place, there will be no application of Corpal punishment. For instance, if a person, male or female only kisses, hugs or touches the private parts of the other person, without actually committing adultery or fornication, this Corpal punishment will not be applicable to them.

Islam further establishes a penalty of false accusation to a person who accuses another person for committing adultery or fornication, but does not produce tangible evidence to support his claim and accusation. Such a false accuser will be given eighty lashes for his/her false accusation. This is based on the verse in the Glorious Qur'⮠Sura Nur [The Light] 24:4 the meaning of which is translated as:? And those who launch a charge against chaste women, and produce not four witnesses, (to support their allegations), flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors?.

Furthermore, Islam prohibits all derogatory acts that violate the honor, dignity and respect of Muslims in the community. This is based on the verse in the Glorious Qur'⮠Sura Hujurat [The Chambers] 49:11,12 the meaning of which is translated as:? Oh you who believe! Let not some men among you laugh at others: it may be that the (latter) are better than the (former): nor let some women laugh at others: it may be that the (latter) are better than the (former): nor defame nor be sarcastic to each other, nor call each other by (offensive) nicknames: ill-seeming is a name connoting wickedness, (to be used of one) after he has believed: and those who do not desist are (indeed) doing wrong. Oh you who believe! Avoid suspicion as much (as possible): for suspicion in some cases is a sin: and spy not on each other, nor speak ill of each other behind their backs. Would any of you like to eat the flesh of his dead brother? Nay, you would abhor it. However, fear Allah: for Allah is Oft-Returning, Most-Merciful?.

This is also based on another verse of the Glorious Qur'⮠Sura Nisa [Women] 4:112 the meaning of which is translated as:? But if any one earns a fault or a sin and throws it on to one that is innocent, he carries (on himself) (both) a falsehood and a flagrant sin?.

 


The Preservation of Wealth

Islam has protected personal wealth. Islam imposes very strict penalties against thefts and thieves. This is done with the idea of ensuring protection to the wealth of the individuals, their ownership and personal assets. Therefore, Islam imposes the Corpal punishment of cutting off the hand of the thief who steals the belonging of others. The Almighty Allah states in the Glorious Qur'⮠Sura Maidah [The Table] 5:38 the meaning of which is translated as:? As to the thief, male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in Power. Full of Wisdom?.

The process of amputating the hand of a thief is orderly. It is not haphazard as anti-Islamic elements project. Basic conditions must be met in order to cut off the hand of the thief. These conditions are as follows:

  • The stolen item, money, or valuables must be under a locked area. The thief must break the lock to get to the item he steals. Therefore, if a thief steals an item that is left outside, not cared for, then the hand of the thief won't be cut off. The thief, however, in such a case will be subjected to penalty. The executive authority is to determine the appropriate penalty. The owner of the stolen item is considered, in such situation, negligent for his valuable items.

     
  • The theft committed should not involve the food for survival. If the theft is for the sole purpose of feeding oneself, the hand of such a thief will not be cut off. This is based on the action taken by the second Caliph Omar bin al-Khattab (may Allah be pleased with him) during the year called the "Ramadah Year Famine" where Omar (may Allah be pleased with him) did not apply this Corpal theft punishment due to the then existing circumstances.

     
  • The value of the theft must be within the range of the value set for stealing which renders a convicted punishable with the amputation of hand.

It should also be pointed out here that this type of Corpal punishment would not be executed unless all pertinent evidence is available and there is not doubt in the mind of the Muslim judge, that the crime is punishable by Islamic law. This is based on the statement of Allah's Messenger (peace and blessings of Allah be upon him):? Block off the application of the Corpal punishment by negating the presence of any possible or potential judicial errors?.

Islamic jurisprudence, however, while expiating Corpal punishment of a criminal for the crime he committed, will substitute it with another type of disciplinary punishment. Disciplinary punishment is usually less than the Corpal punishment and is determined by the Muslim judge according to the type, level, category and severity of the crime and the criminal himself and his criminal records. Disciplinary punishment may be imprisonment, whipping in public, reprimanding him or imposing a fine for his crime.

Furthermore, Islam has banned all types of transgression against private possessions, estate and lands ownership. This is based on the verse in the Glorious Qur'⮠Sura Baqara [The Cow] 2:188 the meaning of which is translated as:? And do not eat up your property among yourselves for vanities, nor use it as bait for the judges, with intent that you may eat up wrongfully and knowingly a little of (other) people's property?.

Therefore, the transgressor will be subjected to a tremendous and severe penalty on the Day of Judgement. This is based on the statement of Allah's Messenger (peace and blessings of Allah be upon him):? Whosoever unjustly takes any money of the wealth of another Muslim's wealth without a due right, Allah will meet such a person while He is indignant with him?[32].

This is also based on another statement of Allah's Messenger (peace and blessings of Allah be upon him):? Whosoever unjustly grabs a hand measurement of a land (of another Muslim) Allah (subhanahu wa ta'ala) will cause such an oppressor to be surrounded with seven earths (around his neck) on the Day of Judgement?[33].

Moreover, Islam demands that the oppressor must return the amount he unjustly confiscated of other Muslims' land or property or alternatively he is forced to pay the value of such unjustly confiscated property. Furthermore, the oppressor in such a situation is subjected to a lashing penalty determined by the Muslim judge. Yet, Islam entitles the owner of a wealth or property to defend all that he owns even at the point of killing the oppressor. If the owner kills his oppressor, he is not to be killed for killing the oppressor, if he can prove that he killed him while defending his ownership. If the oppressor, on the other hand, killed the defending owner, the killed owner is a martyr. This is based on the statement of Allah's Messenger (peace and blessings of Allah be upon him):? Whosoever is killed defending his wealth is categorized as a martyr?[34].

 


Preservation of Progeny

Islam pays a special attention to the reproduction of man and the maintenance of the human race on earth. This race of human is entrusted with the guardianship of the entire earth and the representation of divine wisdom to serve as the vicegerent of the Almighty Allah on earth. Therefore, stopping the reproduction process by any means, ceasing it in any form or tampering with it in any way or cause to reduce it, for no legitimate reason, is an unlawful practice according to Islam. The Almighty Allah states in the Glorious Qur'⮠Sura Baqara [The Cow], 205 the meaning of which is translated as:? When he turns his back, his aim everywhere is to spread mischief through the earth and destroy crops and cattle. But Allah loves not mischief?.

Islam, for instance, prohibits abortion after the fourth month of pregnancy. Muslims believe that the soul will be blown in the fetus at the fourth month of pregnancy. However, if there is a grave situation, which endangers the life of mother, there is no harm in performing abortion to the fetus. This is based on the statement of Allah's Messenger (peace and blessings of Allah be upon him):? ?A fetus will be constructed in the shape of sperm for forty days. Then, it will be a clinking clot [to the internal side of the mother's womb] for another forty days. Then, the angel will be sent down to the fetus to blow the soul in it. The angel [is further] commanded to write the following four items [concerning the future life of the fetus on the earth] as follows: the [pre-determined] provision of the fetus, his/her term [life duration on earth], and whether he/she is fortunate or unfortunate [while alive on earth]?[35].

In fact, Islam considers it a premeditated killing when a pregnant mother performs abortion after the soul is blown in the fetus [after four months of pregnancy]. Such a killing entitles a punishment for both parents. Unintentional abortion, however, requires a blood-money substitution for the aborted fetus. This issue may be reviewed in the books on Islamic jurisprudence.

Many statements of Allah's Messenger (peace and blessings of Allah be upon him) are reported in this regard concerning the urge to have a normal reproduction of the human race, the maintenance of the human race and to increase the rate of reproduction, if possible. Allah's Messenger (peace and blessings of Allah be upon him) says:? Marry a loving, kind and reproducing female as I will take a special pride by you on the Day of Judgement?[36].


Lineage Preservation

Islam capitalizes on the value of the nucleus family and the broader sense of family as well. The nucleus family is the basis and the foundation of the society. In order to protect this family against breaking and disintegrating, Islam pays every attention to this unit of the society. Lineage is one of the essential bonds of the family. A relative will recognize the rights of his kin and kith and consequently, will pay his due right to that relative in an appropriate fashion. Allah (subhanahu wa ta'ala) laid down certain rules, and regulations that consolidate the foundations of kinship rights on every individual member of the family. Moreover, Islam protects the family against interactions that may lead to its disintegration. Open relationships between the family members, who are permitted to marry one another lawfully, may lead to many family social problems. Such open family relationship may, for instance, lead to unlawful types of marriages such as the incest marriages or may cause the deprivation of inheritance for the person who is entitled for inheritance and vice versa. Allah's Messenger (peace and blessings of Allah be upon him) says:? Any woman, who falsely attributes a child to her household as a genuine child of her husband, is not considered a Believer in Allah. Furthermore, Allah (subhanahu wa ta'ala) will not permit such a woman to enter Jannah. Moreover, any man who falsely denies his son, while looking at him [knowing that he is truly his son], Allah (subhanahu wa ta'ala) will place a barrier between Him and that man [will not permit such a man to look at Him]. Furthermore, Allah (subhanahu wa ta'ala) will scandalize such a false claim of this person before the entire humanity [on the Day of Judgement]?[37].

In the pre-Islamic Jahiliyyah the family system was corrupt. Islam initiated decisive reformations. It annihilated all existent malpractice. The following are some of the items banned by Islam:

  • Child adoption:
    Islam prohibits adopting a child who is not a genuine and blood child of a male. Thus, adopted child will take the family name of the adopting father or parents and will be entitled to all rights and duties like one's real and own child. This is based on the verse in the Glorious Qur'⮠Sura Ahzab [The Confederates], 33:4,5 the meaning of which is translated as:? Allah has not made for any man two hearts in his (one) body: nor has He made your wives whom you divorce by Zihar[38] your mothers: nor has He made your adopted sons your sons. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the Truth, and He shows the (right) Way. Call them by (the names of) their fathers: that is more just in the Sight of Allah. However, if you know not their father's (names, call them) your Brothers in Faith, or your Maulas[39]. However, there is no blame on you if you make a mistake therein: (what counts is) the intention of your hearts: and Allah is Oft-Forgiving, Most Merciful?.

     
  • Admitting a child as a son/daughter:
    A father must openly declare that the child is truly his legitimate child, in order for the child to be attributed to him in lineage. Islam bans claiming a child to a man without father's admission because such a claim jeopardizes marital relationships as well as family life. Moreover, such inconsiderate claim gives the man (who might and might not be a husband) the power to follow his whims and personal desires to claim as he pleases. Yet, the woman (who might be the wife in such case) is exposed and subjected for false accusations. This blemishes her honor and dignity and pride by accusing her with illegitimate sexual activities with a man other than her own lawful husband. Moreover, such a false claim of a man may create a rift between the rest of the children of the family, and distort the lineage of that particular family by mixing the pure children with out of wedlock children. Islam, therefore, determines that any child born who is a legitimate product of a marriage contract is attributed to the father with no need of any further proof or denial. A husband of a woman needs not to admit openly that child is his. Such a declaration seems odd and unnecessary. This practice is based on the statement of Allah's Messenger (peace and blessings of Allah be upon him):? The (born) child (as a result of a lawful marriage) belongs to the (bed of) his father?[40]. The only exception to this rule is when it is proved, beyond a doubt, that the wife is betraying her husband and is pregnant from another man, other than her own husband. In such case, specific rules and judicial sentences will apply. We shall not cover these rules in this book.

     
  • "Khal'a", or disowning:
    It is the instance where a father discovers legitimately that some of the children who are attributed to him are not really his. Thus, after disowning such person, or persons, he will become total stranger to them. This means that if the person who is disowned is a female, she must not appear before such a man at her leisure, travel with him, live with him or deals freely with him.

     
  • Woman's family name change after marriage:
    A Muslim woman, after marriage keeps her median's family name according to Islamic jurisprudence. According to Islamic teachings and law, it is unlawful for a woman to bear the family name of her husband after marriage. Looking at this closely one can comprehend the great honor, dignity and respect for the freedom granted to the woman in Islam. Moreover, this practice preserves the equality and equal right of a Muslim woman to the Muslim man in the right of carrying their own independent name and to become a follower to the husband's family name immediately after marriage.

     
  • Preserving and honoring the rights of the weak and the disable person:
    Islam honors the elderly members in the Islamic society, respects them and extends every possible assistance to them. Individuals who have dedicated their lives for the sake of society and nation must be truly honored and respected. Similarly, the disable persons, who are tested and tried by Allah (subhanahu wa ta'ala) with such disabilities, are also to be respected. They are disabled, Allah knows best, to test their patience and to let others benefit from seeing them and appreciate the Grace of Allah unto them as healthy people are perfectly enjoying all their limbs and organs properly. This is based on the statement of Allah's Messenger (peace and blessings of Allah be upon him):? He is not considered among us Muslims, who does not show mercy to our youngster and show respect to our elders?[41].

    Furthermore, this practice is also based on the Hadith of Allah's Messenger (peace and blessings of Allah be upon him):? Never a young man respects and honors an elder at his old age, but the Almighty Allah will pay such a person back at his old age. Allah (subhanahu wa ta'ala) will avail people to respect such a young respectful man at the old age when he needs it most?[42]. As for the helpless orphan, who really needs help and proper care, the Almighty Allah states in the Glorious Qur'⮠Sura Dhuha, (The Forenoon), 93:9 the meaning of which is translated as:? Therefore treat not the orphan with harshness?.

    Also, the Almighty Allah states in the Glorious Qur'⮠Sura Isra (The Night Journey) 17:34 the meaning of which is translated as:? Come not nigh to the orphan's property except to improve it, until he attains the age of full strength; and fulfil (every) engagement, for (every) engagement, will be inquired into (on the Day of Reckoning)?.

    Furthermore, the Almighty Allah states in the Glorious Qur'⮠Sura Nisa (The Women) 4:10 the meaning of which is translated as:? Those who unjustly eat up the property of orphans, eat up a fire into their own bodies: they will soon be enduring a blazing fire!?.

    Yet, Allah (subhanahu wa ta'ala) addressed the preservation of the rights of the innocent children whose parents might commit a crime against them due to poverty and total ignorance by killing them. Allah (subhanahu wa ta'ala) stated in the Glorious Qur'⮠Sura Anam (The Cattle) 6:151 the meaning of which is translated as:? Say: Come, I will rehearse what Allah has (really) prohibited you from": join not anything as equal with Him; be good to your parents; kill not your children on a plea of want - We provide sustenance for you and for them - come not nigh to shameful deeds, whether open or secret; take not life, which Allah has made sacred, except by way of justice and law: thus does He command you, that you may learn wisdom?. In this fashion we can see the preservation of the weak, gullible and less affluent people in the Islamic society.

     
  • The preservation and the safety of the national resources:
    All hidden, buried and reserved national resources are public property. This does not mean that any body can have a direct access to its use as he pleases, but rather, the income generated from all these natural resources must be placed in the Islamic government Treasury. The Treasury will extend finances to meet the needs of the public. Such resources are not to be privately owned by a specific group or class of people or individuals for any specific merit. Such resources are publicly owned in terms of the public interest gain and benefits. It becomes a collective responsibility of the Islamic society to watch out for any intruder or aggressor and report such person to the Islamic authorities in order to maintain their safety. Any unlawful exploitation of natural resources is banned according to Islamic teachings and principles. The Almighty Allah states in the Glorious Qur'⮠Sura Baqarah [The Cow] 2:60 the meaning of which is translated as:? And do no evil nor mischief on the (face of the) earth?. Furthermore, this is based on the statement of Allah's Messenger (peace and blessings of Allah be upon him):? The human beings are partners in three items. These items are: water, grazing grass and fire (fuel)?[43].

     
  • Public and private rights in Islam:
    Islam endeavors to strengthen the social ties among the members of the Islamic society. Therefore, Islam first addressed the rights of the immediate members of the family. All the kindred have rights in Islam towards each other. The value and the importance of such rights vary according to the degree of relationship. The Almighty Allah states in the Glorious Qur'⮠Sura Nisa [The Women] 4:1 the meaning of which is translated as:? Oh Mankind! Reverence your Guardian-Lord, who created you from a single Person, created, of like nature, his mate, and from them twain scattered (like seeds) countless men and women; fear Allah, through Whom you demand your mutual (rights), and (reverence) the wombs (that bore you): for Allah ever watches over you?.

    Furthermore, the common relationships were not neglected in Islam either. Varied relationships between people make up a network, which joins people or makes them closer socially to each other. Distant people to each other need a type of bond that brings them together in a close net in order to appreciate one another. Hence, Islam establishes the basis for such a cohesive society. The Almighty Allah states in the Glorious Qur'⮠Sura Hajj [Pilgrimage] 22:41 the meaning of which is translated as:? (They are) those who, if We establish them in the land, establish regular prayer and give regular charity, enjoin the right and forbid wrong: with Allah rests the end (and decision) of (all) affairs?.

    This type of strengthening relationship is also based on the statement of Allah's Messenger (peace and blessings of Allah be upon him):? The example of Believers in love, affection, cooperation and collaboration is like that of one body. If one organ of the body aches, the entire body will support the aching body by staying awake (in defense against the attacks of the foreign bodies) and by getting feverish (a state that shows the cooperation of the entire systems of the body to defend against the invading microbes or disease)?[44]. Therefore, there are well-established public and private rights in the Islamic society. We will focus on the most important ones.

 


1. The Rights towards Almighty Allah

The essential right of man towards Allah (subhanahu wa ta'ala) is, to worship Him alone, setting no rivals, partners, helpers or attribute any sons or daughters to Him (subhanahu wa ta'ala). Man must declare the testimony of Truth. He should bear witness to the fact that, 'there is no deity worthy of worship but Allah alone'. However, this declaration involves the following requirements:

  • Full faith: Man must submit himself to Allah (subhanahu wa ta'ala) in faith and total belief. He must declare, with the acceptance of his heart, that, 'There is no deity worthy of worship but Allah alone. He has no partner, assistant, and son or else. The Almighty Allah states in the Glorious Qur'⮠Sura Muhammad (peace and blessings of Allah be upon him) 47:19 the meaning of which is translated as::? know, therefore, that there is no god but Allah, and ask forgiveness for the fault and for the men and women who believe: for Allah knows how you move about and how you dwell in your homes?.

     
  • Sole worship: Allah alone deserves to be worshipped in full. None has the right to be worshipped along or besides Him. All statements, acts and hidden intentions must agree with what the Almighty has designated. All actions of man must be performed for the Pleasure of the Almighty. The Almighty Allah states in the Glorious Qur'⮠Sura Ghafir (Forgiver) 40:60 the meaning of which is translated as:? And your Lord says: Call on Me; I will answer your (Prayer): but those who are too arrogant to serve Me will surely find themselves in Hell, in humiliation!?.

    An example of such worship is to offer the obligatory prayers. One of the fruits of offering and maintaining such prayer is to enjoin good and stop all evil acts. The Almighty Allah states in the Glorious Qur'⮠Sura Ankabot (The Spider) 29:45 the meaning of which is translated as:? Recite what is sent of the Book by inspiration to thee, and establish regular Prayer: for Prayer restrains from shameful